As used in this chapter, the following terms
shall have the meanings indicated:
ACCESSORY BUILDING
A detached, subordinate building, the use of which is customarily
incidental to that of the principal building, and which is located
on the same lot, or lots, as that occupied by the principal building.
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use and located on the same lot, or lots, with the principal use.
ADULT ARCADE
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically or
mechanically controlled still- or motion-picture machines, projectors
or other image-producing devices are maintained to show images to
five or fewer persons per machine at any one time, and where the images
so displayed are distinguished or characterized by the depicting or
describing of specified sexual activities or specified anatomical
areas.
ADULT BOOKSTORE/ADULT VIDEO STORE
A.
A commercial establishment which, as one of
its principal business purposes, offers for sale or rental for any
form of consideration any one or more of the following:
(1)
Books, magazines, periodicals or other printed
matter, or photographs, films, motion pictures, video cassette or
video reproductions, slides or other visual representations which
depict or describe specified sexual activity or specified anatomical
areas; or
(2)
Instruments, devices or paraphernalia which
are designated for use in connection with specified sexual activities.
B.
A commercial establishment may have other principal
business purposes that do not involve the offering for sale or rental
of material depicting or describing specified sexual activities or
specified anatomical areas and still be categorized as an adult bookstore
or adult video store. Such other business purposes will not serve
to exempt such commercial establishment from being categorized as
an adult bookstore or adult video store so long as one of its principal
business purposes is the offering of sale or rental for consideration
of the specified materials which depict or describe specified sexual
activities or specified anatomical areas.
ADULT CABARET
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
A.
Persons who appear in the state of nudity; and
B.
Live performances which are characterized by
the exposure of specified anatomical areas or by specified sexual
activities; or
C.
Films, motion pictures, video cassettes, slides
or other photographic reproductions which are characterized by the
depiction or description of specified anatomical areas or by specified
sexual activity.
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
A.
Offers accommodation to the public for any form
of consideration, provides patrons with closed-circuit television
transmissions, films, motion pictures, video cassettes, slides or
other photographic reproductions which are characterized by the description
of specified anatomical areas or specified sexual activities and has
a sign visible from the public right-of-way which advertises the availability
of this adult type of photographic reproductions; or
B.
Offers sleeping rooms for rent four or more
times in one calendar day during five or more calendar days in any
continuous thirty-day period.
ADULT MOTION-PICTURE THEATER
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified anatomical areas or by specified sexual
activities.
ADULT THEATER
A theater, concert hall auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or by specified sexual activities.
AGRICULTURE
Any agricultural use including farming (tilling of soil and
the raising of crops), forestry, dairying, pasturage, forage production,
horticulture, floriculture, viticulture and animal or poultry husbandry.
This includes the sale of crops, dairy and horticultural farm products
incidental to the operation of a farm.
ALTERATION
As applied to a building or structure, that change or rearrangement
in the structural part in the entrance and exit facilities, or in
the enlargement whether by extending, as a side, or by increasing
in height, or the moving from one location to another.
APPLICANT
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
AREA, GROSS FLOOR
The sum of the gross area of all floors of a building measured
from the face of the exterior walls.
AREA, NET FLOOR
The area used or intended for services to the public as customers,
patrons, clients or tenants, including areas occupied for fixtures
and equipment used for the display or sale of merchandise. Floor areas
may be excluded which are used exclusively for storage, housing of
mechanical equipment integral with the building, maintenance facilities,
or those areas so restricted that customers, patients, clients, salesmen
and the general public are denied access.
ASSISTED LIVING FACILITY
A facility designed to provide individual dwelling units
for elderly persons who are independently mobile and are not in need
of the level of service provided by a personal care home, which provides
on-site supervision and assistance available to the residents on an
occasional, "as-needed" basis, and where at least one meal each day
is provided in a common dining area and which includes certain design
features associated with the needs of the elderly which are not customary
in the construction of conventional dwelling units, such as emergency
call systems, common dining facilities, common laundry facilities,
minimal housekeeping services, common leisure and recreational facilities,
transportation services and similar supporting services for the convenience
of the residents.
BASEMENT
A story or portion of a story partly below the average grade
of the surrounding ground with at least 1/2 of its height (measured
from floor to ceiling) below the average grade level of the surrounding
ground.
BED-AND-BREAKFAST HOMESTEAD
An owner-occupied single-family dwelling that contains not
more than five guest bedrooms which are used for overnight accommodations
in exchange for compensation. Breakfast shall be the only meal provided
to guests.
BOARD
The Zoning Hearing Board of the Township of Kilbuck, Allegheny
County, Pennsylvania.
BUILDING
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of any individual,
animal, process, equipment, goods or material of any kind or nature.
When separated by walls which are common with the walls of adjoining
buildings, each portion of such structure shall be considered a separate
building.
BUILDING LINE
An imaginary line located a fixed distance from the front
line of the lot and interpreted as being the nearest point that a
building may be constructed to the front lot line. The building line
shall limit the location of porches, patios and similar construction,
steps excepted, to the face of this line.
BUILDING WIDTH
The width of a building shall be determined by measuring
along the building face nearest to the street line.
CLUSTER DEVELOPMENT
A detached single-family residential development that permits
a reduction in lot area and bulk requirements, provided that there
is no increase in the number of lots permitted under a conventional
subdivision and the resultant land to be used for recreation, common
open space, and preservation of environmentally sensitive features.
COMMERCIAL
Engaging in a business, enterprise, activity or other undertaking
dealing with the public for profit.
COMMUNICATIONS ANTENNA
Any device used for the transmission or reception of radio,
television, wireless telephone, pager, commercial mobile service or
any other wireless communications signals, including without limitation
omnidirectional or whip antennas and directional or panel antennas,
owned or operated by any person or entity licensed by the Federal
Communications Commissions (FCC) to operate such device. This definition
shall not include private residence-mounted satellite dishes or television
antennas to amateur radio equipment including without limitation ham
or citizen band radio antennas.
COMMUNICATIONS EQUIPMENT BUILDING
An unmanned building or cabinet containing communications
equipment required for the operation of communications antennas and
covering an area on the ground not greater than 250 square feet.
COMMUNICATIONS TOWER
A structure other than a building, such as a monopole, self-supporting
or guyed tower, designed and used to support communications antennas.
COMPANION ANIMAL RESOURCE CENTER
A facility used and operated by a governmental or nongovernmental
body or organization to provide necessary or desirable services to
the public relating to the care, control and management of household
pets. At a minimum, a companion animal resource center must provide
the following programs on-site to ensure the well-being and humane
treatment of companion animals: (a) shelter, care and socialization,
(b) medical and behavioral treatment, and (c) adoption and placement
services. In addition, a companion animal resource center must also
have facilities for use as indoor/outdoor exercise areas and walking
trails and at least three of the following programs: (i) spay/neuter,
(ii) humane investigations, (iii) dog obedience training, (iv) humane
education, (v) pet-assisted therapy, (vi) fundraising and special
events, and (vii) volunteer services. A community animal resource
center may be developed with more than one building and other structures.
[Added 8-28-2012 by Ord.
No. O-12-04]
COMPREHENSIVE PLAN
The comprehensive development plan of the Township of Kilbuck,
indicating the general locations recommended for circulation facilities,
community improvements and land uses.
CONDOMINIUM
A unit in which, or an arrangement under which, a tenant
in a multifamily building or in a complex of multiunit dwellings holds
full title to his or her unit and joint ownership in the common grounds.
CONVERSION APARTMENT
The remodeling of a single-family dwelling unit into two
or more separate living units each having a minimum of 500 square
feet of habitable area, exclusive of basement and/or cellar dwelling,
one bathroom and three habitable rooms, separate and private sanitary,
cooking and dining facilities and a minimum of two off-street parking
spaces per living unit.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, the placement
of mobile homes, streets and other paving, utilities, fillings, grading,
excavation, mining, dredging, drilling operations and the subdivision
of land.
DRIVE-IN USE
An establishment which by design, physical facilities, service,
or by packaging procedures encourages or permits customers to receive
services, obtain goods, or be entertained while remaining in their
motor vehicles.
DWELLING
A building arranged, intended, designed or used as the living
quarters for one or more families living independently of each other
upon the premises. The term "dwelling" shall not be deemed to include
"hotel," "motel," "rooming house," or "tourist home."
DWELLING, MULTIPLE-FAMILY
A dwelling designed for or occupied exclusively as a residence
for two or more families with separate housekeeping and cooking facilities
for each family.
ERECTED
Includes built, constructed, reconstructed, moved upon or
any physical operations on the land required for the building. Excavation,
fill, drainage and the like shall be considered part of the erection.
ESCORT
A person who, for consideration, agrees or offers to act
as a companion, guide or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
ESCORT AGENCY
A person or business association who furnishes, offers to
furnish or advertises to furnish escorts as one of its primary business
purposes for a fee, tip or other consideration.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance, by
public utilities or municipal or other governmental agencies, of underground
or overhead gas, electrical, steam or water transmission or distribution
systems, collection, communication, supply or disposal systems and
their essential buildings. This excludes communications towers and
communications antennas, as defined herein.
EXCEPTION
The permission or approval granted by the Zoning Hearing
Board in the situations where the provisions therefore are by the
terms of the ordinance.
FAMILY
Any number of individuals living and cooking together as
a single housekeeping unit, as distinguished from a group occupying
a boarding home.
FLOOD
A temporary inundation of normally dry land areas.
FLOODPLAIN
The channel, and the relatively flat area adjoining the channel,
of a natural stream or river which has been or may be covered by floodwater.
FLOODPLAIN DISTRICTS
Those floodplain districts specifically designated in the
Township Zoning Chapter as being inundated primarily by the one-hundred-year
flood. Included would be areas identified as the Floodway District
(FW), Flood-Fringe District (FF), and General Floodplain District
(FA).
FRONT YARD
The open space extending across the entire width of the lot
between the front line of the building and the street right-of-way.
The front yard is measured perpendicular to the building at the closest
point to the street right-of-way.
GARBAGE
Animal and vegetable waste resulting from the handling, storage,
sale and preparation, cooking and serving of foods.
HEIGHT
The height of the building shall be measured from the mean
level of the ground at the face of the building to a point midway
between the highest and the lowest points of the roof. Chimneys, spires,
towers, tanks and similar projections shall not be included in calculating
the height.
HEIGHT OF A COMMUNICATIONS TOWER
The vertical distance measured from the ground level to the
highest point on a communications tower, including antennas mounted
on the tower.
HOME OCCUPATION
Any use customarily conducted entirely within a dwelling
carried on by the inhabitants thereof, which use is clearly incidental
and secondary to the use of the dwelling for dwelling purposes and
does not change the character thereof. The conducting of a clinic,
hospital or similar use shall not be a home occupation.
HOUSEHOLD PET
A domesticated animal that is normally and can generally
be kept within the immediate living quarters of a residential structure.
Any members of the swine, sheep, bovine, poultry or equine families,
elephants, rhinoceros, hippopotamus, moose, deer, large cat family
(tigers, lions, etc.) or reptiles having a venomous or constrictor
nature do not constitute household pets under any provisions of this
chapter.
HYDRIC SOILS
A soil that is saturated, flooded, or pooled long enough
during the growing season to develop anaerobic conditions in the upper
part of the soil.
ILLUMINATING SIGN
Signs which reflect light by electrical, mechanical or other
means as well as luminous paint or reflectorized glass.
INDEPENDENT LIVING FACILITY
A facility designed to provide individual dwelling units
for elderly persons who are independently mobile and not in need of
supervision, but which includes certain design features associated
with the needs of the elderly which are not customary in the construction
of conventional dwelling units, such as emergency call systems, common
dining facilities, common laundry facilities, minimal housekeeping
services, common leisure and recreational facilities, transportation
services and similar supporting services for the convenience of the
residents.
INDUSTRY, LIGHT
The processing, handling, or fabrication of materials and
products where no processes are involved which will produce noise,
vibration, air pollution, fire hazard, noxious emissions, high traffic
volumes or other factors which will disturb or endanger neighboring
properties.
INSTITUTIONAL HOME
A public or private charitable establishment devoted to the
shelter, maintenance, or education and care of minor children; homeless,
aged, or infirm persons; or members of a religious community. Institutional
homes include, but are not limited to, assisted living facilities,
independent living facilities, personal care home for adults, nursing
facilities, and adult living facilities.
INTEGRATED BUSINESS CENTER
A combination of commercial uses designed, structured and
located so as to result in a shopping plaza, mall or other acceptable
structural configuration or architectural modification thereof.
JUNK
Any worn, cast off or discarded article or material which
is ready for destruction or which has been collected or stored for
sale, resale, salvage or conversion to some other use.
JUNKYARD
The use of more than 50 square feet of the area of any lot,
whether inside or outside a building or the use of any portion of
any lot that joins the street for storage keeping, or abandonment
of junk including scrap metals, or for the dismantling, demolition
or abandonment of automobiles or other vehicles, machinery or parts
thereof.
KENNEL
A facility where dogs and other domestic pets are bred or kept (whether on a permanent or temporary basis). A kennel shall not be considered a companion animal resource center unless it meets the definition therefor as set forth in this §
215-6 and the requirements of §
215-36.1, below.
[Added 8-28-2012 by Ord.
No. O-12-04]
LOADING SPACE
The area required to accommodate one truck in a space 12
feet wide, 15 feet high and 60 feet long exclusive of access and turning
area.
LOT
A designated parcel, tract, or area of land established by
a plat or otherwise as permitted by law and to be used, developed,
or built upon as a unit.
LOT AREA
The total area within the lot lines of a lot, excluding any
street rights-of-way.
LOT DEPTH
The mean horizontal distance between the front and rear lot
lines.
LOT LINE
Any line dividing a lot from another lot or from an abutting
street or other right-of-way.
LOT WIDTH
The mean horizontal distance across the lot between the side
lot lines measured at right angles to the depth.
MEDICAL MARIJUANA
Marijuana for certified medical use as set forth in Act 16
of 2016.
[Added 12-20-2016 by Ord.
No. O-16-02]
MEDICAL MARIJUANA DISPENSARY
Use of the premises by a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, holding
a permit issued by the Commonwealth of Pennsylvania Department of
Health, to dispense medical marijuana.
[Added 12-20-2016 by Ord.
No. O-16-02]
MEDICAL MARIJUANA GROWER/PROCESSOR
The use of the premises by a person, including a natural
person, corporation, partnership, association, trust or other entity,
or any combination thereof, holding a permit from the Commonwealth
of Pennsylvania Department of Health, to grow and/or process medical
marijuana where all growing and processing activities are conducted
indoors.
[Added 12-20-2016 by Ord.
No. O-16-02]
MOBILE HOME
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
MOBILE HOME LOT
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
MOBILE HOME PARK
A parcel of land under single ownership which has been planned
and improved for the placement of mobile homes for nontransient use,
consisting of two or more mobile home lots.
MOTEL
A building made up of two or more living or sleeping quarters
used independently of each other and used principally and commercially
for overnight accommodations.
NATURAL GAS COMPRESSOR STATION
A facility designed and constructed to compress natural gas
that originates from an oil or gas well or collection of such wells,
operating as a midstream facility for delivery of oil and gas to a
transmission pipeline, distribution pipeline, natural gas processing
plant, or underground storage field, including one or more natural
gas compressors, associated buildings, pipes, valves, tanks and other
equipment.
[Added 7-28-2015 by Ord.
No. O-15-03]
NATURAL GAS PROCESSING PLANT
A midstream facility, supporting more than one well site,
used to remove materials such as ethane, butane, and other constituents
or similar substances from natural gas to allow such natural gas to
be of such quality as is required or appropriate for transmission
or distribution to commercial markets but not including facilities
or equipment used primarily to remove water, water vapor, oil or naturally
occurring liquids from natural gas.
[Added 7-28-2015 by Ord.
No. O-15-03]
NO-IMPACT HOME-BASED BUSINESS
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use. The business or commercial activity must satisfy
the following requirements:
A.
The business activity shall be compatible with
the residential use of the property and surrounding residential uses.
B.
The business shall employ no employees other
than family members residing in the dwelling.
C.
There shall be no display or sale of retail
goods and no stockpiling or inventory of a substantial nature.
D.
There shall be no outside appearance of a business
use, including, but not limited to, parking, signs or lights.
E.
The business activity may not use any equipment
or process which creates noise, vibration, glare, fumes, odors or
electrical or electronic interference, including interference with
radio or television reception, which is detectable in the neighborhood.
F.
The business activity may not generate any solid
waste or sewage discharge in volume or type which is not normally
associated with residential use in the neighborhood.
G.
The business activity shall be conducted only
within the dwelling and may not occupy more than 25% of the habitable
floor area.
H.
The business may not involve any illegal activity.
NONCONFORMING STRUCTURE
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions of this
chapter or an amendment hereafter enacted, where such structure lawfully
existed prior to the application of this chapter or amendment to its
location by reason of annexation.
NONCONFORMING USE
A building, structure or premises lawfully occupied at the
time of the enactment of this chapter by a use that does not conform
with the provisions of this chapter for the district in which it is
located; also such use resulting from changes in zoning districts
or in textual provisions made hereafter.
NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity
or displays specified anatomical areas or specified sexual activities
is provided to be observed, sketched, drawn, painted, sculptured,
photographed or similarly depicted by other persons who pay money
or any form of consideration.
NUDITY/STATE OF NUDITY
The appearance of a human bare buttock, anus, male genitals,
female genitals, or female breast.
NURSING HOME
A facility with sleeping rooms where persons are housed or
lodged and furnished with meals and nursing care for hire as licensed
by the Commonwealth of Pennsylvania.
OCCUPANCY PERMIT
A statement signed by the Zoning Officer setting forth either
that a building or structure complies with this chapter or that a
building, structure or parcel of land may lawfully be employed for
specified uses, or both.
OIL AND GAS WELLS
The drilling and operation of oil or gas wells. The oil and
gas well use shall be deemed to be located at the well site. For the
purposes of this chapter, a "well site" shall consist of the graded
pad and appurtenant area occupied by the facilities, structures and
equipment necessary for or incidental to the drilling, production
or operation of an oil or gas well at the site, including well site
preparation, well site construction, drilling, hydraulic fracturing,
site restoration, water and other fluid storage, impoundment and transportation
located at the site and used for such activities and installation
of associated equipment, the site preparation, construction and installation,
maintenance and repair of oil and gas pipelines and associated equipment
and other equipment and activities at the site associated with drilling
for, production and transportation of oil and gas, but excluding any
structure, facility or use constituting a natural gas compressor station
or a natural gas processing plant or any other facility used primarily
to refine or process gas or oil. The underground activities and processes
used and the migration of gas or oil from a subsurface area to a gas
or oil well site at the surface shall not in and of themselves constitute
an oil or gas well and are allowed to occur in all zoning districts.
[Added 7-28-2015 by Ord.
No. O-15-03]
ONE-HUNDRED-YEAR FLOOD
A flood that, on the average is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year).
OPERATOR
The applicant for a special exception approval for oil and
gas wells and also any "well operator" or "operator" as defined in
the Oil and Gas Act.
[Added 7-28-2015 by Ord.
No. O-15-03]
PERMITTED USES
Any use allowed in a district, which is subject to the general
restrictions of this chapter.
PERMITTEE/LICENSEE
A person in whose name a permit and/or license to operate
a sexually oriented business has been issued, as well as the individual
listed as an applicant on the application for a permit and/or license.
PERSON
Natural person, joint venture, joint stock company, partnership,
association, club, company, corporation, business trust, organization,
or the manager, lessee, agent, servant, officer or employee of any
of them.
PERSONAL CARE HOME
A facility licensed as a personal care home for adults by
the Commonwealth of Pennsylvania, Department of Public Welfare (DPW).
PERSONAL SERVICE ESTABLISHMENT
Establishments primarily engaged in providing services involving
the care of a person or his or her apparel. Personal services usually
include the following: laundry, cleaning and garment services, garment
pressing, linen supply, diaper service, coin-operated laundries, dry-cleaning
plants, carpet and upholstery cleaning, photographic studios, beauty
shops, barbershops, shoe repair, hat cleaning, funeral services, steam
baths, reducing salons and health clubs, clothing rental, locker rental,
porter service, etc.
PRIME AGRICULTURAL SOILS
Soils which, according to the Allegheny County Conservation
District, are most conducive, because of content, drainage and yield,
to the practice of farming.
PRIME FARMLAND
Land that has the best combination of physical and chemical
characteristics for producing food, feed, fiber, forage, oil seed,
and other agricultural crops with minimum inputs of fuel, fertilizer,
pesticides, labor, and without intolerable soil erosion, as determined
by the Secretary of Agriculture. Includes land that possesses the
above characteristics, but is being currently used to produce livestock
and timber.
PRINCIPAL USE
The major or dominant use of the lot on which it is situated.
PRIVATE CLUB
An organization catering exclusively to members and their
guests, or premises and buildings for recreational or athletic purposes
which are not conducted primarily for gain, providing that any vending
stands, merchandising or commercial activities are conducted only
as required generally for the membership of such club.
PRIVATE GARAGE
An accessory building or part of a main building used only
for the storage of not more than three vehicles of which one may be
commercial as an accessory use by members of the family or families
housed in the building to which such garage is accessory.
PROFESSIONAL OFFICE
Any office or business conducted by an individual or association
who or that must be licensed under the laws of the State of Pennsylvania.
PUBLIC GARAGE
A building, not a private garage, used for storage or repair
of motor vehicles.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment,
prior to taking action in accordance with the Pennsylvania Municipalities
Planning Code.
PUBLIC NOTICE
A notice published once a week for two successive weeks in
a newspaper of general circulation in the municipality. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
PUBLIC UTILITY
An enterprise regulated by the Pennsylvania Public Utility
Commission or an activity offered by an authority or a municipally
owned agency which renders a public service deemed necessary for public
health, safety and welfare but excluding police, fire and similar
emergency services.
PUBLIC UTILITY TRANSMISSION TOWER
A structure, owned and operated by a public utility electric
company regulated by the Pennsylvania Public Utility Commission, designed
and used to support overhead electricity transmission lines.
QUADRUPLEX
Four attached dwellings in one structure in which each unit
has two open space exposures and shares one or two walls with an adjoining
unit or units.
REAR YARD
The required open space extending from the rear of the main
building to the rear lot line, not necessarily a street line, throughout
the entire width of the lot. The rear yard is measured perpendicular
to the building at the point closest to the rear lot line.
RECREATIONAL VEHICLE
A vehicular-type portable structure without permanent foundation,
which can be towed, hauled or driven and primarily designed as temporary
living accommodations for recreational, camping and travel use and
including but not limited to travel trailers, truck campers, camping
trailers and self-propelled motor homes.
RIGHT-OF-WAY
The total extent of land reserved or dedicated as a street
or way, alley or lane, for public or private purposes.
ROOMING HOUSE
A residential building, other than a hotel, where sleeping
accommodations are offered for hire for three or more persons.
RUBBISH/REFUSE
Unwanted or discarded material, including garbage with insufficient
liquid content to be free flowing.
SCREEN (BUFFER) PLANTING
An arrangement of vegetative material of sufficient height
and density to conceal from view of property owners in adjoining residential
districts the structures and uses on the premises on which the screen
or buffer planting is located.
SCREENING
Screening shall mean a fence, screen planting or wall at
least six feet high, provided in such a way that it will block a line
of sight.
SEMINUDE
A state of dress in which clothing covers no more than the
genitals, pubic region, and areola of the female breast, as well as
portions of the body covered by supporting straps or devices.
SERVICE STATIONS
An area of land, including structures used for the sale of
gasoline or other motor vehicle fuel and oil and other lubricating
substances, sales of motor vehicle accessories which may include associated
facilities for automobile service excluding painting.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
A.
Physical contact in the form of wrestling or
tumbling between members of the opposite sex; or
B.
Activities between male and female persons and/or
persons of the same sex when one or more of the persons is in a state
of nudity or seminudity.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore, or adult video store, adult
cabaret, adult motel, adult motion-picture theater, adult theater,
escort agency, nude model studio or sexual encounter center.
SIDE YARD
The required open space extending from the side of any building
along the side lot line throughout the entire depth of the building.
SIGN
Any device, fixture, placard, or structure that uses any
color, form, graphic, illumination, symbol, or writing to advertise,
announce the purpose of, or identify the purpose of a person or entity,
or to communicate information of any kind to the public.
A.
SIGN, BILLBOARDA sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
B.
SIGN, BULLETIN BOARDA sign which identifies an institution or organization on the premises of which it is located and which contains the name of the institution or organization, the names of individuals connected with it, and the general announcements of events or activities occurring at the institution or similar messages.
C.
SIGN, POLEA sign that is mounted on a freestanding pole or other support so that the bottom edge of the sign face is six feet or more above grade.
D.
SIGN, PROJECTINGA sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from such building.
E.
SIGN, TEMPORARYA sign or advertising display constructed of cloth, canvas, fabric, plywood, or other light material and designed or intended to be displayed for a short period of time.
F.
SIGN, WALLA sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and which does not project more than 12 inches from such building or structure.
SPECIAL EXCEPTION
A use permitted with special permission granted by the Zoning
Hearing Board to occupy or use land and/or a building for specific
purposes in accordance with the criteria set forth in this chapter
when such use is not listed as a permitted use.
SPECIFIED ANATOMICAL AREAS
The male genitals in a state of sexual arousal and/or the
vulva or more intimate parts of the female genitals.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following:
A.
The fondling or other erotic touching of human
genitals, pubic region, buttocks, anus or female breasts, copulation
or sodomy;
B.
Masturbation, actual or simulated; or
C.
Excretory functions as part of or in connection with any of the activities set forth in Subsections
A and
B above.
STEEP SLOPES
Land areas where slope exceeds 25%. The slope is to be determined
from on-site topographic surveys prepared with a two-foot contour
interval or topography taken from controlled aerial photography at
two-foot intervals.
STREET
A public or private right-of-way, excluding driveways, intended
for use as a means of vehicular and pedestrian circulation which provides
a means of access to abutting property. The word "street" includes
thoroughfare, avenue, boulevard, court, drive, expressway, highway,
lane, alley and road or similar terms.
STREET LINE
The line defining the edge of the legal width of a dedicated
street right-of-way.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
SUBDIVISION
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels, or other divisions
of land including changes in existing lot lines for the purpose, whether
immediate or future, of lease, partition by the court for distribution
to heirs or devisees, transfer of ownership or building or lot development;
provided, however, that the subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling, shall be
exempted.
SUBSTANTIAL ENLARGEMENT
Substantial enlargement of a business means the increase
in floor areas occupied by the business by more than 25%, as the floor
area exists on date of enactment of this chapter.
SUPERVISORS
The Township Supervisors of the Township of Kilbuck.
SWIMMING POOL
Any structure which demands a permanent location in or on
the soil which is devoted or intended to be devoted to the art or
sport of swimming or diving and the within definition is intended
to include swimming pools regardless of whether the same are portable
or nonportable, containing in excess of six inches of water.
TOWNHOUSE
A one-family dwelling in a row of at least four such units
in which each unit has its own front and rear access to the outside,
no unit is located over another unit, and each unit is separated by
one or more common fire-resistant walls. Each dwelling unit has a
record lot in addition to a vested interest in the common open space.
The structure may be one or two stories in height.
TRAILER (TRAVEL AND RELATED CAMPING AND RECREATIONAL EQUIPMENT)
Camping and recreational equipment shall include travel trailers,
pickup coaches, motorized homes, boats, and boat trailers and shall
be defined as follows:
A.
TRAVEL TRAILERA vehicular, portable structure built on a chassis and designed to be used as a temporary dwelling for travel, recreational, and vacation purposes; permanently identified "travel trailer" by the manufacturer of the trailer and when factory equipped for the road, having a body width not exceeding eight feet and being of any length, provided the gross weight does not exceed 4,500 pounds, or being of any weight, provided its body length does not exceed 29 feet.
B.
PICKUP COACHA structure designed primarily to be mounted on a pickup or truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreation, and vacation uses.
C.
MOTORIZED HOMEA portable dwelling designed and constructed as an integral part of a self propelled vehicle.
D.
BOATA vessel designed to travel on water and capable of being transported by boat trailer.
E.
BOAT TRAILERA trailer designed to haul a boat with another vehicle.
TRANSFER OF OWNERSHIP OR CONTROL (of a sexually oriented business)
Includes any of the following:
A.
The sale, lease or sublease of the business;
B.
The transfer of securities which constitute
a controlling interest in the business, whether by sale, exchange
or similar means; or
C.
The establishment of a trust, gift or other
similar legal device which transfers the ownership or control of the
business, except for the transfer by bequest or other operation of
law upon the death of the person possessing the ownership or control.
UTILITIES
Services and facilities of agencies that are under public
franchise or ownership to provide services that are essential to support
development and that involve only minor structures, such as but not
limited to poles and lines.
VARIANCE
A modification of the regulations of this chapter by the
Zoning Hearing Board to an owner in the use of land or a structure
when a literal enforcement of this chapter would result in unnecessary
hardship. All variances must be forwarded to the Board of Supervisors
and entered in their official minutes as a matter of public record.
YARD
An open space that lies between a building or buildings and
the nearest lot line. The minimum required yard set forth in this
chapter is unoccupied and unobstructed from the ground upward except
as may be specifically provided in this chapter.
ZONING DISTRICT
A finite area of land, as designated by its boundaries on
the Zoning Map, throughout which specific and uniform regulations
govern the use of land and/or the location, size, and use of buildings.
ZONING HEARING BOARD
The Zoning Hearing Board of the Township of Kilbuck. The powers and duties of the Board are defined in Article
VI of this chapter.
ZONING MAP
The Official Zoning Map or Maps of Kilbuck Township indicating
the zoning districts which are part of this chapter, together with
all amendments subsequently adopted.
ZONING OFFICER
That individual authorized by the Board of Supervisors to
be the administrator of the day-to-day application of the provisions
contained in this chapter.
ZONING PERMIT
A statement signed by the Zoning Officer indicating that
the application for permission to construct, alter, or add is approved
and in accordance with the requirements of the terms of this chapter.